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2005 Supreme(Ker) 12

P.R.RAMAN
Sheriff – Appellant
Versus
State of Kerala – Respondent


Judgment :-

P.R. Raman, J.

Petitioner is admittedly a defaulter in respect of the amounts due to the Public Sector Bank, the 4th respondent herein. For realization of the amounts due and payable by the petitioner a suit was instituted by the Bank and obtained a decree on 20/5/1989. An E.P.No.95/1991 was thereafter filed before, the Sub Court, Kottarakkara. While so, the Bank after obtaining the decree proceeded to recover an amount under the Kerala Revenue Recovery Act by making a requisition in that behalf as evidenced by Ext.R4(a) dated 10.11.2000. The petitioner has raised mainly two contentions before me challenging the revenue recovery proceedings initiated as evidenced by Ext.P2. (1) That the revenue recovery proceeding is barred by law of limitation, since what is sought to be recovered is a Bank loan and not a decree amount and the Bank loan normally should be paid on the expiry of three years. (2) That the Bank cannot seek recourse to two parallel proceedings. After filing an E.P. the Bank cannot turn round and proceed to recover the amounts under the Revenue Recovery Act.

2. The learned counsel for the 4th respondent-Bank on the other hand contended that though in the Reven







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